Pennsylvania: Linda Muchnick, 57, ordered to surrender the animals she once was accused of trying to poison

PENNSYLVANIA -- Ending a 16-month legal battle regarding the custody of more than a dozen cats, a judge ordered a Pottstown woman to forfeit the animals she once was accused of trying to poison.

Linda Muchnick, 57, must forfeit the surviving 16 cats and one dog to the Montgomery County Society for the Prevention of Cruelty to Animals, county Judge Steven T. O'Neill ruled Wednesday. The order essentially allows the SPCA, which has held the animals while the legal battle loomed, to put the animals up for adoption.

The judge made the ruling after hearing Muchnick's impassioned plea for the return of the animals and a prosecutor's argument against that return.

Muchnick vowed to appeal O'Neill's ruling to the state Superior Court. Under the law, she has 30 days to do so.

"In my heart and my soul I feel I have lived an exemplary life for the animal kingdom. I've done the hard road to show my character for 16 months. I love my babies. I'm going to appeal this and do my best because that's what I believe is the right thing to do," Muchnick said during an interview after the civil hearing. "I love them, absolutely."

Muchnick argued her "pet family" belongs to her. Muchnick claimed there is nobody else who has a greater love for the animals and that she would never harm the animals again.

Assistant District Attorney Abby Silverman argued that the animals seized from Muchnick constituted "derivative contraband," the objects of an illegal act under the law, and that they could be forfeited and should not be returned to Muchnick.

"They should be forfeited because of the ordeal they suffered at her hands. What's to say that situation isn't going to occur again," Silverman argued.

"Additionally, she's currently living in a small one bedroom apartment in Pottstown and putting 16 cats, one dog and a person in a small bedroom in Pottstown is probably a situation that may drive her again to desperate acts such as poisoning them," Silverman alleged.

The SPCA was in a holding pattern when it came to the surviving animals and couldn't put them up for adoption either until a judge ruled Muchnick can't have the animals or until Muchnick voluntarily relinquished custody of the animals. Since August 2009, the SPCA's cost to house the animals reached $32,383, according to testimony.

On May 24, O'Neill determined Muchnick was not guilty by reason of insanity of multiple counts of animal cruelty and attempted cruelty to animals in connection with an August 2009 incident at her former Towamencin home.

Specifically, O'Neill determined that at the time of the Aug. 20 incident, after which 12 of the 29 cats found in Muchnick's former home on East Bishopwood Boulevard died from complications of ingesting rat poison, was suffering from a mental disease or defect that prevented her from knowing what was right or wrong or understanding the consequences of her conduct.

While Muchnick faces no further action under criminal laws, under a so-called civil commitment, the judge ordered Muchnick to continue with outpatient mental health treatment.

Muchnick subsequently filed court papers to regain custody of the animals. According to previous testimony, a psychiatrist who once offered the opinion that Muchnick was legally insane at the time of the poisoning incident also stated in a March report that Muchnick would not pose harm to the pets if they were returned to her.

The judge previously indicated that a prior federal court ruling in a case nearly identical to Muchnick's plight, did uphold the idea that animals are considered "chattel," or tangible property that can be subject to forfeiture.

While Muchnick previously said she was grateful for the shelter and food provided to the animals by the SPCA, she feared for their futures if she was not awarded custody.

Muchnick, who did not have any contact with the animals since they were seized, feared that the animals would be adopted by someone who was not prepared to deal with problems associated with the animals' backgrounds. The animals include a pit pull dog named "Lukey" and 16 feral cats.

According to the original arrest complaint, Muchnick notified the Harleysville Veterninary Clinic that she intended to kill herself and her collection of pets because "her building financial issues made her realize suicide was the only solution." Police alleged Muchnick wrote a note indicating she "thought it would be best for her pets if she killed them along with herself so they could be in heaven together."

When police went to the home, they found Muchnick, conscious but incoherent, lying on the floor of a locked and poorly ventilated bedroom, along with a sickly pit bull dog, and 29 cats inside two locked bedrooms, according to court documents.

During the investigation, authorities found animal food bowls that contained D-Con Rat Poison, according to the criminal complaint. Police also found an open container of the rat poison in a dresser of the bedroom where Muchnick was discovered.

(Delco Times - Dec 22, 2010)

Earlier:

• Pennsylvania: Judge decides Linda Muchnick, 57, was insane when she killed cats
• Pennsylvania: Linda Muchnick Charged With Attempting to Kill 29 Cats, 1 Dog, and Herself
• Pennsylvania: Linda Muchnick still trying to reclaim animals she was accused of poisoning

Pennsylvania: Linda Muchnick still trying to reclaim animals she was accused of poisoning

PENNSYLVANIA -- With an obvious love and compassion for her onetime pets, Linda Muchnick says she's prepared to wage a court battle to reclaim the 18 animals she once was accused of trying to poison.

"I love them. They are my family. I am one of those people who loves animals more than anything else in the world. That's who I am, who I've been. I don't eat any animal food. I don't wear leather," Muchnick said Wednesday outside a Montgomery County courtroom where she is fighting to have the animals returned to their home.

"If I knew that something else would work for them, I would surrender to what's for their highest good. But I know I've got to fight like a proud warrior to recover them all because that's what they need. I truly believe in my heart that's what the Lord wants me to do," Muchnick, sometimes tearful, added during an exclusive interview.

The civil hearing, at which Judge Steven T. O'Neill will determine the fate of the 17 cats and one dog, was halted after Muchnick indicated she wishes to call a psychiatrist who evaluated her to testify about her wellness and when prosecutors and the judge indicated they want to hear from members of the Montgomery County Society for the Prevention of Cruelty to Animals regarding the condition of the animals.

The animals are currently being housed at an SPCA shelter.

"I do believe we need a resolution for the animals involved and for you," O'Neill told a sometimes emotional Muchnick, adding the hearing will resume Oct. 1.

On May, 24, O'Neill determined Muchnick, 57, who currently lives in a one bedroom apartment in Pottstown, was not guilty by reason of insanity of multiple counts of animal cruelty and attempted cruelty to animals in connection with an August 2009 incident at her former Towamencin home.

Specifically, O'Neill determined that at the time of the Aug. 20 incident, after which 12 of the 29 cats found in Muchnick's former home on East Bishopwood Boulevard died from complications of ingesting rat poison, was suffering from a mental disease or defect that prevented her from knowing what was right or wrong or understanding the consequences of her conduct.

While Muchnick faces no further action under criminal laws, under a so-called civil commitment, the judge ordered Muchnick to continue with outpatient mental health treatment.

Muchnick subsequently filed court papers to regain custody of the animals. According to testimony Wednesday, the psychiatrist who once offered the opinion that Muchnick was legally insane at the time of the poisoning incident also stated in a March report that Muchnick would not pose harm to the pets if they were returned to her.

Prosecutor Abby Silverman argued in court papers that the animals seized from Muchnick constitute "derivative contraband" under the law and that they should not be returned to Muchnick.

"No one wants to see any of these animals put down," said Assistant District Attorney John Walko, who assisted Silverman on Wednesday. "But at this time, because of her actions that brought about them being taken away in the first place, we're not confident that they are not in further danger if they were with her."

The judge indicated that a previous federal court ruling in a case nearly identical to Muchnick's plight, did uphold the idea that animals are considered "chattel," or tangible property that can be subject to forfeiture.

The judge noted that Muchnick is representing herself in the civil matter and questioned her about her lack of legal assistance. Muchnick told the judge she has reached out for assistance and exhausted all possibilities at this time.

The SPCA is currently in a holding pattern when it comes to the surviving animals and cannot put them up for adoption either until a judge rules Muchnick can't have the animals or until Muchnick voluntarily relinquishes custody of the animals.

While Muchnick is grateful for the shelter and food provided to the animals by the SPCA, she fears for their futures if she is not awarded custody.

"They are on the clock for death unless they get a reprieve of adoption," said Muchnick, claiming the SPCA is not a true animal sanctuary. "It's a pound."

Muchnick, who has not had any contact with the animals since they were seized, also fears that the animals will be adopted by someone who is not prepared to deal with problems associated with the animals' backgrounds. The animals include a pit pull dog named "Lukey" and more than two-dozen feral cats.

"Many of my cats were unwanted. They were all neglected, dumped, unwanted, unclaimed. I took care of everything. I got them spayed and neutered. I kept the families together," said Muchnick, claiming she knows the animals best and is in the best position to care for them.

Muchnick said she's found "animal-friendly housing," a supportive landlord and a pet food bank that she can rely on to assist her in caring for the animals.

"I can make this work. They mean everything to me. I was willing to go to prison. I was willing to deal with public ridicule," said Muchnick, who could have simply avoided the legal wrangling by signing over her rights to the animals to the SPCA. "I'd never forgive myself if I didn't fight. All I can do is love them."

According to the original arrest complaint, Muchnick notified the Harleysville Veterninary Clinic that she intended to kill herself and her collection of pets because "her building financial issues made her realize suicide was the only solution." Police alleged Muchnick wrote a note indicating she "thought it would be best for her pets if she killed them along with herself so they could be in heaven together."

When police went to the home, they found Muchnick, conscious but incoherent, lying on the floor of a locked and poorly ventilated bedroom, along with a sickly pit bull dog, and 29 cats inside two locked bedrooms, according to court documents.

During the investigation, authorities found animal food bowls that contained D-Con Rat Poison, according to the criminal complaint. Police also found an open container of the rat poison in a dresser of the bedroom where Muchnick was discovered.

On Wednesday, Muchnick claimed some of the allegations made in public court documents about her were less than accurate and that other circumstances in her life at the time of the incident were not made public.

"I always acted in what I thought was their best interests," Muchnick said.

(Mercury News - Sept 16 2010)

Earlier:

Pennsylvania: Linda Muchnick Charged With Attempting to Kill 29 Cats, 1 Dog, and Herself

Pennsylvania: Judge decides Linda Muchnick, 57, was insane when she killed cats

Pennsylvania: Judge decides Linda Muchnick, 57, was insane when she killed cats

PENNSYLVANIA -- A judge has determined that a former Towamencin woman's mental condition prevented her from understanding the consequences of her actions when she allegedly poisoned her cats, reportedly "so they could be in heaven together."

Montgomery County Judge Steven T. O'Neill determined Linda Muchnick, 57, formerly of East Bishopwood Boulevard and most recently of Pottstown, was not guilty by reason of insanity on multiple counts of animal cruelty and attempted cruelty to animals in connection with an August 2009 incident at her former home.

Specifically, O'Neill determined that at the time of the Aug. 20 incident, after which 12 of the 29 cats found in Muchnick's home died from complications of ingesting rat poison, was suffering from a mental disease or defect that prevented her from knowing what was right or wrong or understanding the consequences of her conduct.

Muchnick showed no emotion in court on Monday as the judge made the ruling.

O'Neill made the determination after hearing testimony and reading reports from psychiatrists who evaluated Muchnick while she was committed for a brief

period to the Montgomery County Emergency Services facility in Norristown after her arrest.

While Muchnick faces no further action under criminal laws, under a so-called civil commitment, the judge ordered Muchnick to continue with outpatient mental health treatment.

"You have to follow all of the treatment recommendations," O'Neill told Muchnick, advising her to focus on her mental health treatment at this time rather than trying to get the surviving animals returned to her.

The surviving 17 cats and one dog have been in the custody of the Montgomery County Society for the Prevention of Cruelty to Animals since the incident. Technically, now that she's been found not guilty of the crime, Muchnick could petition the court to have the animals returned to her.

"She hopes to get her animals back," defense lawyer Adam Katzman said on Muchnick's behalf after the hearing. "She's upset. She hopes for the best."

Assistant District Attorney Abby Silverman vowed to fight any attempt by Muchnick to regain custody of the animals. At that point, a separate evidentiary hearing would have to be held.

"Even though she was found not guilty by reason of insanity, her conduct still means she should not get these animals back," Silverman said.

The SPCA is currently in a holding pattern when it comes to the surviving animals and cannot put them up for adoption either until a judge, during a separate hearing, rules Muchnick can't have the animals or until Muchnick voluntarily relinquishes custody of the animals.

As of April 29, the SPCA has incurred $19,284 in expenses caring for the animals, according to Silverman.

The judge stopped short of predicting the future of animals in Muchnick's care. But referring to the Aug. 20 incident the judge said, "They are horrific acts against innocent animals. All they did was love her."

Muchnick allegedly told authorities she fed the animals rat poison because she faced financial problems.

Prosecutors called the case "sad" but said they had to charge Muchnick because she had other avenues in that she could have taken the cats to the S.P.C.A. or could have found alternative homes for them instead of allegedly choosing to put rat poison in their rooms where they had nothing else to eat.

Court papers indicate the investigation began about 1:20 p.m. Aug. 20 when Towamencin and Lower Salford police investigated a report that Muchnick notified the Harleysville Veterninary Clinic that she intended to kill herself and her collection of pets.

"In the note, Muchnick stated her building financial issues made her realize suicide was the only solution," police alleged in the arrest affidavit. "The note read Muchnick thought it would be best for her pets if she killed them along with herself so they could be in heaven together."

Towamencin police went to Muchnick's home to check on her well-being. Receiving no response from anyone inside the home, police entered the residence and found 29 cats inside two locked bedrooms. The temperature and humidity were high and there were no windows open in the rooms, police said.

Muchnick, conscious but incoherent, was found lying on the floor of a third, locked and poorly ventilated bedroom, along with a sickly pit bull dog, according to court documents.

During the investigation, authorities found animal food bowls that appeared to contain moldy food. However, on closer inspection, authorities realized the blue, moldy-looking substance was actually D-Con Rat Poison, according to the criminal complaint.

Police also found an open container of the rat poison in a dresser of the bedroom where Muchnick was discovered, according to court documents.

(Montgomery News - May 31, 2010)

Earlier:

• Pennsylvania: Linda Muchnick Charged With Attempting to Kill 29 Cats, 1 Dog, and Herself

Pennsylvania: Linda Muchnick Charged With Attempting to Kill 29 Cats, 1 Dog, and Herself

PENNSYLVANIA -- When police in Towamencin Township, Pennsylvania received a tip from a veterinarian that a woman was about to off herself and her large collection of pets, they arrived at the home of Linda Muchnick to find a nasty scene.

The stench was overwhelming. Her 29 cats were locked in a bedroom where they had apparently been fed rat poison. Her pit bull was also sick. And Muchnick was unconscious.

Though all but one cat appears to have survived, the hospitalized Muchnick is expected to be arraigned on animal cruelty charges.

According to the Allentown Morning Call, she wanted to kill herself due to financial pressures, which probably weren’t helped by trying to care for 30 pets.

(True Crime Report - Aug 31, 2009)